European competiton law

6 ECTS / Semester-long / Portuguese

Learning outcomes of the curricular unit

The aim of the syllabus is to provide students with a comprehensive understanding of the substantive law and procedure of competition law. The syllabus focuses on the application of competition law provisions against collusive restrictive practices, unilateral practices of dominant firms and anticompetitive mergers and state aid. The analysis of the law, the court decisions, the administrative praxis, legal literature and legal and economic and political commentary on these provisions aim to provide a global and detailed understanding of these subjects as well as their interaction with other public policies, in order to fully prepare the students for their professional activity in this field. At the same time the syllabus intends to improve legal and research skills: oral and written communication, advocating a position or a cause, analytical and logical reasoning, knowledge of substantive law, mastering legal terminology, master techniques of investigation and proper legal citation.

 

Syllabus

1. The sources of competition law
2 . Institutions that apply competition law
3 . The relationship between European competition law and national competition law
4 . Schools of Competition Analysis
5 . The objectives of competition law

I - The prohibition of agreements between undertakings which restrict competition
1. The elements 
a - Undertakings
b - Collusion
c - Restriction of competition
d - Appreciable effect on inter-State trade
2. The consequences of infringement
3. Declaration of inapplicability

II - The prohibition of any abuse of one or more undertakings in a dominant position
1. The elements 
a - Undertaking(s) in a dominant position held within the relevant market
b - Abuse
c - Appreciable effect on inter-State trade
2. Conduct which can be abuse: predatory pricing, tying, refusal to supply and the essential facilities doctrine
3. Objective justification of an abuse?

III - Merger control
1. The purposes of merger control
2. Substantive appraisal of concentrations
3. Procedure

IV - State Aid
1. Substantive issues

Faculty

Associate Professor
Licenciatura em Direito pela Escola de Direito do Porto da Universidade Católica Portuguesa, em 1990. Mestre em Direito pela Faculdade de Direito da…